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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I would like to some legal advice in regards to a

Customer Question

Hi I would like to some legal advice in regards ***** ***** partnership in a civil case in Scotland. I am the pursuer. Thank you!
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. How can I help you?

Customer: replied 1 year ago.
Hi, I am the pursuer in a civil case for a partnership dissolution and I have the proof hearing in 4 weeks time. Am I able to create an incidental application to adjust the initial claim I have put forward when the case started? If not, what is the procedure?
Expert:  JGM replied 1 year ago.

Is this under ordinary procedure or summary cause procedure? What is the nature of the adjustment you want to make.

Customer: replied 1 year ago.
Hi it's in regards ***** ***** summary cause procedure. I have initially claimed the initial investment I put towards the business, however there are no guarantees in a partnership that you will get the investment back, therefore I am now seeking half of the current business value (which is currently being evaluated). Considering the proof hearing is in 4 weeks, will the judges determine this by themselves or do I have to adjust the initial claim? If so what is the process, e.g. Incidental application?
Expert:  JGM replied 1 year ago.

The correct amount you should be suing for is the value of your capital account as at the date of dissolution per the dissolution accounts. You will require to amend your statement of claim by way of Incidental Application. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Can you please advise as to how the incidental application should be formatted? Also is there going to be another hearing scheduled as a result of the incidental application, before the proof hearing?
Expert:  JGM replied 1 year ago.

The other side may ask for an adjournment given that they will be facing a different quantification of the case. You IA should ask the court to delete the passages of test in your statement of claim that you wish removed and should ask for them to replaced with "the following" and you then have to state what replacement text you want to add to the statement of claim. Once the court gets the IA it will assign a hearing and you have to intimate everything to the opponent. Follow the summary cause rules on the Scottish Courts website and you should be able to do this yourself. If you are in any doubt get a solicitor to do it for you. Civil court work is quite specialised and it's easy to make a mistake if you don't have experience.